DRP
DRP is an acronym for Dispute Resolution Procedure. Dispute Resolution procedure is a process, which helps to settle conflicts between two or more individuals or Organizations. DRP is a method, which is used by the professional mediators or arbitrators who help the disputed parties to communicate and negotiate their terms effectively and arrive on a solution, which is beneficial for each of the parties and also mutually conformable.
Dispute Resolution Procedure follows a formulated procedure to reach optimum solutions and satisfaction for all the disputed parties. This process is quick and also does not waste lots of time like in the case of litigations. The procedure should begin within 90 days after the dispute has occurred and the procedure should end within 60 days after the procedure is initiated. In U.S. the most popular ways, a dispute is resolved is by using mediation and arbitration. [1]
The types of Dispute Resolution procedures
The dispute resolution varies according to the issues in the context of the dispute and whether you have taken the matter to the court. The following are some common types of Dispute Resolution Procedure.
Mediation: This type of procedure involves a trained moderator to discuss the differences between the two parties and tries if they can reach any agreement. This type of resolution procedure can be carried out in matters related to children or property or both.
Conciliation: This type of procedure consists of a conference wherein the disputing parties apply to the court for a property settlement. The main objective of this type is to come to conclusion wherein the two parties reach an agreement so that proper consent orders are made.
Negotiation: In this type, the issues of the two parties are sorted out, sometimes even by the lawyers of the two parties.
Arbitration: This type of procedure is used only in the case of property disputes. In this, a person or the arbitrator considers what each person will say and then sets a legally binding decision. [2]
DRP in ICANN
To resolve the disputes in an independent and timely fashion, ICANN has established healthy relationships with some internationally recognized dispute resolution providers to look after the dispute resolution processes as a part of their evaluation of generic Top Level Domains (gTLDs). The Arbitration and Mediation Center of the World Intellectual Property Organization (WIPO), and the International Chamber of Commerce (ICC) are the providers who provide the necessary expertise to ICANN with matters related to evaluation of the applications. [3]
There are various policies which are applicable in different types of disputes between registrants and third parties over the use of domain names and registrations in ICANN. A Uniform-Domain Name Dispute Resolution policy applies to all the generic Top Level Domains (gTLDs). These policies are mentioned below:
- Uniform Domain-Name Dispute Resolution Policy
- Charter Eligibility Dispute Resolution Policy
- Eligibility Reconsideration Policy
- Eligibility Requirements Dispute Resolution Policy
- ASIA Charter Eligibility Requirements Policy
- Intellectual Property Defensive Registration Challenge Policy
- Qualification Challenge Policy
- Restrictions Dispute Resolution Policy
- Start-Up Trademark Opposition Policy
- Sunrise Challenge Policy
- Transfer Dispute Resolution Policy
- Proceedings
- Approval Process for Dispute Resolution Service Providers [4]
References